Courts news in brief.
Court entitled to amend charge sheet
A High Court judge has ruled that the District Court has the power to amend a charge sheet in a situation where the charge against the accused person is incorrectly worded.
Mr Justice John MacMenamin was giving his opinion on a case referred from the District Court involving a man who was charged with failing to give breath specimens under the Road Traffic Act. In the original charge sheet, the words "in the manner indicated by the said member of An Garda Síochána" were added.
The man's lawyers had argued that because the original charge sheet was incorrectly worded, the District Court had no power to amend the charge sheet.
Mr Justice MacMenamin said the error in the original charge sheet did not make the entire complaint void; the additional words on the charge sheet may form evidence in the case but, as they related to the charge, they were surplus.
The judge said the District Court had the jurisdiction to make the amendment but it was for the discretion of the district judge as to whether he exercised it.
Four years for attacking wife
An alcoholic who went to a Garda station saying he had killed his wife after he struck her twice on the head with a claw hammer has been jailed for four years.
Patrick Daly (57), Windmill Road, Crumlin, attacked his wife some hours after he alleged she laughed in his face when he asked her if she was having an affair with another man. He pleaded guilty at Dublin Circuit Criminal Court to assaulting Florence Daly on February 3rd, 2005.
Ms Daly received two blows to her temple and suffered a serious brain injury. Medical evidence indicated it was "potentially life threatening", but she had made a good recovery.
A son and a neighbour found her moaning in her bedroom. She was taken away by ambulance, while Daly went to Crumlin Garda station. He had drunk about 15 pints that day and was told by his sister that Ms Daly had an affair with another man.
He and his wife had been separated for about five years but though she had returned after that, they slept in separate rooms.
Judge Desmond Hogan said it was a brutal attack which could have had more serious consequences. He suspended the final year of the sentence, taking various matters into consideration including Daly's guilty plea.
Leave to oppose dump granted
A residents' group in Co Kildare has been granted leave by the High Court to mount a legal challenge to the granting of a licence for a waste-management facility in their area.
The residents of Usk, who live close to the proposed waste-management facility at Dunlavin, are seeking an order quashing a decision of the Environmental Protection Agency to grant a licence to Greenstar Recycling Holdings Ltd.
Man on drugs charges gets bail
A Clare businessman charged in connection with a €2.1 million drugs haul earlier this month has secured bail. At Ennis District Court yesterday, Thomas Lennon (35), Killestry, Killaloe, faced four charges relating to having ecstasy and cannabis on July 14th at Ross, Killaloe, for the purpose of supplying.
Judge Joseph Mangan further remanded Mr Lennon in custody with consent to bail to Ennis court on August 14th.
Man jailed for robbery attempt
Aman who attempted an armed robbery on a Brinks Allied van three years ago has been sentenced to five years in prison and disqualified from driving for two years at Dublin Circuit Criminal Court.
Aaron Doyle (28), Mellowes Avenue, Finglas West, was spotted by members of the Special Detective Unit driving a "taxi" at speed and pulling in behind the van in the forecourt of a garage.
The two passengers in the car driven by Doyle were stopped just as they were about to get out dressed in balaclavas and carrying a sawn-off shotgun and a machete. Doyle had stolen the car and a taxi-sign for the robbery attempt.
Life sentence upheld by judge
A man who tried to murder a 10-year-old girl because he "wanted to see what it was like to kill someone" has lost his appeal against a life sentence.
The Court of Criminal Appeal dismissed the appeal by Eric Daniels (22), Clonmel, Co Tipperary, against the life sentence imposed on him in February 2003 by Mr Justice Paul Carney at the Central Criminal Court.